By:  Patterson                                        S.B. No. 1143
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the prevention of horse theft.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Subtitle B, Title 6, Agriculture Code, is amended
    1-4  by adding Chapter 151 to read as follows:
    1-5       CHAPTER 151.  PREVENTION AND INVESTIGATION OF HORSE THEFT
    1-6        Sec. 151.001.  TRAINING PROGRAM FOR HORSE OWNERS.  (a)  The
    1-7  Texas Agricultural Extension Service shall develop an ongoing
    1-8  training program for horse owners to promote the prevention of
    1-9  horse theft.  The program must include information on visible,
   1-10  permanent identification of horses and other security measures to
   1-11  prevent horse theft.
   1-12        (b)  A county office of the Texas Agricultural Extension
   1-13  Service periodically shall notify horse owners of the training
   1-14  program through public service announcements or other means.
   1-15        Sec. 151.002.  TRAINING PROGRAM FOR LAW ENFORCEMENT AGENCIES.
   1-16  (a)  A state, county, or local law enforcement agency with
   1-17  responsibility for investigating horse thefts shall provide
   1-18  training for its employees likely to handle horse theft cases
   1-19  regarding:
   1-20              (1)  state laws on horse theft;
   1-21              (2)  resources available for investigating horse
   1-22  thefts;
   1-23              (3)  communication about horse theft with other law
   1-24  enforcement agencies; and
    2-1              (4)  identification of missing horses.
    2-2        (b)  To facilitate greater communication between law
    2-3  enforcement agencies in horse theft cases, state, county, and local
    2-4  law enforcement agencies shall, to the greatest extent possible,
    2-5  use the Texas Crime Information Center (TCIC) and the National
    2-6  Crime Information Center (NCIC) in reporting and investigating
    2-7  horse thefts.
    2-8        SECTION 2.  Section 144.001, Agriculture Code, is amended to
    2-9  read as follows:
   2-10        Sec. 144.001.  Owner's Marks and Brands.  (a)  Each person
   2-11  who has cattle, hogs, sheep, or goats shall have and may use one or
   2-12  more earmarks and one or more brands differing from the earmarks
   2-13  and brands of the person's neighbors.
   2-14        (b)  A person who owns a horse may have and use one or more
   2-15  of the following to identify the horse:
   2-16              (1)  a brand differing from the brand of the person's
   2-17  neighbors, including a fire or electric heat brand, freeze brand,
   2-18  acid brand, or hoof brand;
   2-19              (2)  an earmark differing from the earmark of the
   2-20  person's neighbors;
   2-21              (3)  a tattoo differing from the tattoo of the person's
   2-22  neighbors;
   2-23              (4)  an electronic device; or
   2-24              (5)  another generally accepted identification method.
   2-25        SECTION 3.  Section 144.002, Agriculture Code, is amended to
   2-26  read as follows:
   2-27        Sec. 144.002.  Brands of Minors.  A minor who owns cattle,
    3-1  <or> hogs, or one or more horses may have one or more marks or
    3-2  brands, but the parent or guardian of the minor is responsible for
    3-3  the proper use of the mark or brand.
    3-4        SECTION 4.  Section 144.041, Agriculture Code, is amended to
    3-5  read as follows:
    3-6        Sec. 144.041.  Marks and Brands to be Recorded.  (a)  Each
    3-7  person who owns cattle, hogs, sheep, or goats shall record that
    3-8  person's earmarks and brands with the county clerk of the county in
    3-9  which the animals are located.
   3-10        (b)  A person who owns a horse shall record an identification
   3-11  mark authorized by Section 144.001(b) of this code with the county
   3-12  clerk of the county in which the animal is located.
   3-13        (c)  The county clerk shall keep a record of the marks and
   3-14  brands of each person who applies to the clerk for that purpose.
   3-15        (d) <(c)>  A person may record that person's marks and brands
   3-16  in as many counties as necessary.
   3-17        (e) <(d)>  A person may record any mark or brand that the
   3-18  person desires to use if no other person has recorded the mark or
   3-19  brand, without regard to whether that person has previously
   3-20  recorded a mark or brand.
   3-21        SECTION 5.  Section 144.102, Agriculture Code, is amended to
   3-22  read as follows:
   3-23        Sec. 144.102.  Right to Register.  In accordance with this
   3-24  subchapter, a person who owns one or more horses, hogs, dogs,
   3-25  sheep, or goats in this state is entitled to register for exclusive
   3-26  use any tattoo mark  or other generally accepted identification
   3-27  method that is not previously recorded.
    4-1        SECTION 6.  Subsection (b), Section 146.052, Agriculture
    4-2  Code, is amended to read as follows:
    4-3        (b)  This subchapter does not apply to horses, sheep, goats,
    4-4  or swine or to the hides of those animals.
    4-5        SECTION 7.  Subsection (c), Section 148.011, Agriculture
    4-6  Code, is amended to read as follows:
    4-7        (c)  The record must be prepared and made available to the
    4-8  Texas Animal Health Commission and for public inspection within 24
    4-9  hours after the slaughterer receives the livestock.  The
   4-10  slaughterer shall preserve the record for at least two years <one
   4-11  year> and shall keep the record open for public inspection at all
   4-12  reasonable hours.
   4-13        SECTION 8.  Subsections (c) and (d), Section 148.012,
   4-14  Agriculture Code, are amended to read as follows:
   4-15        (c)  In addition to the report made under Subsection (a) of
   4-16  this section, a slaughterer of cattle or horses shall file with the
   4-17  county clerk a record showing:
   4-18              (1)  the marks, brands, and general description of the
   4-19  cattle or horses;
   4-20              (2)  the names of the persons from whom the cattle or
   4-21  horses were purchased;
   4-22              (3)  the date of purchase; and
   4-23              (4)  the county from which the cattle or horses were
   4-24  driven.
   4-25        (d)  The slaughterer shall file the record required by
   4-26  Subsection (c) of this section on the first day of each month with
   4-27  the county clerk of the county where the cattle or horses were
    5-1  slaughtered.  The clerk shall copy the report into records
    5-2  maintained for that purpose and return the original to the person
    5-3  recording the information.
    5-4        SECTION 9.  Subchapter C, Chapter 148, Agriculture Code, is
    5-5  amended by adding Sections 148.029 and 148.030 to read as follows:
    5-6        Sec. 148.029.  FEE FOR HORSES SOLD TO SLAUGHTERER.  (a)  A
    5-7  slaughterer shall pay the following fees for each horse purchased
    5-8  for slaughter:
    5-9              (1)  $1 to the Texas Agricultural Extension Service;
   5-10  and
   5-11              (2)  $4 to the department, agency, or association
   5-12  authorized and designated by the secretary of agriculture of the
   5-13  United States to inspect livestock in Texas under 7 U.S.C. Section
   5-14  217a.
   5-15        (b)  The slaughterer shall remit the fees required by
   5-16  Subsection (a) of this section on a weekly basis.
   5-17        (c)  All fees received under Subsection (a)(2) of this
   5-18  section may be used only in administering the inspection required
   5-19  under Section 148.030 of this code.
   5-20        (d)  All fees received by the Texas Agricultural Extension
   5-21  Service under this section shall be deposited in a special account
   5-22  in the general revenue fund that may be appropriated only to the
   5-23  Texas Agricultural Extension Service for the training programs on
   5-24  horse theft under Chapter 151 of this code.  Funds in that account
   5-25  are not subject to Sections 403.093 and 403.094, Government Code.
   5-26        Sec. 148.030.  INSPECTION OF HORSES SOLD THROUGH CERTAIN
   5-27  SLAUGHTERHOUSES.  The department, agency, or association authorized
    6-1  to inspect livestock under 7 U.S.C. Section 217a may inspect for
    6-2  identification purposes each horse held, handled, purchased, or
    6-3  sold through a slaughterhouse producing horse meat for export for
    6-4  human consumption under the federal inspection program regulated
    6-5  under the Packers and Stockyards Act, 1921, 7 U.S.C. Chapter 9.
    6-6        SECTION 10.  Subsection (e), Section 31.03, Penal Code, is
    6-7  amended to read as follows:
    6-8        (e)  Except as provided by Subsection (f) of this section, an
    6-9  offense under this section is:
   6-10              (1)  a Class C misdemeanor if the value of the property
   6-11  stolen is less than $20;
   6-12              (2)  a Class B misdemeanor if:
   6-13                    (A)  the value of the property stolen is $20 or
   6-14  more but less than $200; or
   6-15                    (B)  the value of the property stolen is less
   6-16  than $20 and the defendant has previously been convicted of any
   6-17  grade of theft;
   6-18              (3)  a Class A misdemeanor if:
   6-19                    (A)  the value of the property stolen is $200 or
   6-20  more but less than $750; or
   6-21                    (B)  the property stolen is one firearm, as
   6-22  defined by Section 46.01 of this code, and is valued at less than
   6-23  $400;
   6-24              (4)  a felony of the third degree if:
   6-25                    (A)  the value of the property stolen is $750 or
   6-26  more but less than $20,000, or the property is one or more head of
   6-27  cattle, <horses,> sheep, swine, or goats or any part thereof under
    7-1  the value of $20,000;
    7-2                    (B)  regardless of value, the property is stolen
    7-3  from the person of another or from a human corpse or grave;
    7-4                    (C)  the property stolen is one firearm, as
    7-5  defined by Section 46.01 of this code, and is valued at more than
    7-6  $400;
    7-7                    (D)  the property stolen is two or more firearms,
    7-8  as defined by Section 46.01 of this code; or
    7-9                    (E)  the value of the property stolen is less
   7-10  than $750 and the defendant has been previously convicted two or
   7-11  more times of any grade of theft;
   7-12              (5)  a felony of the second degree if:
   7-13                    (A)  the value of the property stolen is less
   7-14  than $100,000 and the property is:
   7-15                          (i)  combustible hydrocarbon natural or
   7-16  synthetic natural gas, or crude petroleum oil;
   7-17                          (ii)  equipment designed for use in
   7-18  exploration for or production of natural gas or crude petroleum
   7-19  oil; or
   7-20                          (iii)  equipment designed for use in
   7-21  remedial or diagnostic operations on gas or crude petroleum oil
   7-22  wells;
   7-23                    (B)  the value of the property stolen is $20,000
   7-24  or more but less than $100,000; <or>
   7-25                    (C)  the value of the property is less than
   7-26  $100,000 and the property was unlawfully appropriated or attempted
   7-27  to be unlawfully appropriated by threat to commit a felony offense
    8-1  against the person or property of the person threatened or another
    8-2  or to withhold information about the location or purported location
    8-3  of a bomb, poison, or other harmful object that threatens to harm
    8-4  the person or property of the person threatened or another person;
    8-5  or
    8-6                    (D)  the property stolen is one or more horses or
    8-7  any part thereof, regardless of value; or
    8-8              (6)  a felony of the first degree if:
    8-9                    (A)  the value of the property stolen is $100,000
   8-10  or more; or
   8-11                    (B)  the value of the property is $100,000 or
   8-12  more and the property was unlawfully appropriated or attempted to
   8-13  be unlawfully appropriated in the manner described by Subdivision
   8-14  (5)(C) of this subsection.
   8-15        SECTION 11.  This Act takes effect September 1, 1993.
   8-16        SECTION 12.  The importance of this legislation and the
   8-17  crowded condition of the calendars in both houses create an
   8-18  emergency   and   an   imperative   public   necessity   that   the
   8-19  constitutional rule requiring bills to be read on three several
   8-20  days in each house be suspended, and this rule is hereby suspended.